Low bar for 'genuine consultation' set by UWA case feeds into crisis of legitimacy for Australian institutions

By Tauel Harper, Senior Lecturer, Media and Communication, UWA, The University of Western Australia
Jeannette Taylor, Associate Professor, Political Science and International Relations, The University of Western Australia

When Martin Forsey was presented with a proposal for change at his workplace that lacked a logical argument and used flawed data, he brought a case to the Fair Work Commission. The associate professor at the University of Western Australia argued that such a flawed proposal could not be used as the basis of “genuine consultation” about structural reform, as required under his enterprise agreement.

However, the commission has ruled the university was under no obligation to provide data, let alone accurate data, to justify its proposal. Staff had been given the opportunity to respond…

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